02131020/CAPE 2010

TEST CODE

02231020

FORM TP 2010213MAY/JUNE 2010

C AR I B B E AN E X AM I N AT I O N S C O U N C I L

ADVANCED PROFICIENCY EXAMINATION

LAW
UNIT 2: PRIVATE LAW
PAPER 02
2 hours 30 minutes
20 MAY 2010 (a.m.)

INSTRUCTIONS TO CANDIDATES
1.

This paper consists of SIXquestions, TWO questions based on EACH Module.

2.

Answer THREE questions, ONE question from EACH Module.

3.

Write your responses in the answer booklet provided.

Copyright 2009 Caribbean Examinations Council.

All rights reserved.
02231020/CAPE 2010
- 2-

MODULE 1: TORT
Answer ONE question.
1. While only a person with an interest in land can succeed in a claim for private nuisance, the
same is not true in a claim for public nuisance.
Assess this statement making reference to decided cases.
Total 25 marks
2. (a)
Write BRIEF notes on malicious prosecution referring to at least ONE decided case.
[10 marks]
E
.HYLQDFOHUNLVOHDYLQJWKHRIFHRQHHYHQLQJZLWKDSDUFHOFRQ
WDLQLQJVRPHSHUVRQDO effects which he collected from his cousin earlier that
day. Donman, the security guard, demands a search and, upon examining the contents
of Kevins bag, accuses him of stealing. He calls a policeman who, despite Kevins
protests, takes Kevin to the police station where he is held overnight and released next
morning. The charge against him for theft is subsequently dismissed by the magistrate.
Advise Kevin whether or not he can succeed in a claim against Donman and the policeman. Give reasons for your answer.
[15 marks]
Total 25 marks

MODULE 2: LAW OF CONTRACT

Answer ONE question.

3. (a)

With reference to decided cases, outline FOUR ways in which an offer may be
terminated.
[10 marks]

(b) Donnas pet dog, Flash, is missing. On March 20, she puts up posters in her neighbourhood
offering a reward of $1000 for Flashs return by March 25. She also advertises the reward for
its return in the local newspaper. On March 23, Donna decides that she does not want Flash
anymore. On the next day, she publishes an advertisement in the newspaper, withdrawing the
reward, Evan finds flash that same day sending her email to Donna claiming the reward and
informing her she can collect Flash from his house. Donna opens the e-mail on March 26.
Is Evan entitled to the reward? Support your answer with reference to case law.
[15 marks]
Total 25 marks

GO ON TO THE NEXT
PAGE 02231020/CAPE 2010
-34. With reference to decided cases:
(a) Discuss the incorporation of exclusion clauses into contracts.

[12 marks]

(b) Evaluate the factors considered by the courts in determining whether or not an
exclusion clause covers the breach which has occurred. [13 marks]
Total 25 marks

MODULE 3: REAL PROPERTY

Answer ONE question.
5. (a)

Explain the FOUR unities of a joint-tenancy.

[15 marks]

E
<RXUFOLHQWV0UDQG0UV&KDQJ)XQJKDYHWHQFKLOGUHQEHWZHHQW
KHP+HKDVYHER\V by a previous marriage, she has three daughters before she was

married and together they have two children. Mr and Mrs Chang Fung are seeking your
advice on whether they should purchase the High Hill Estate as joint tenants or as
tenants-in-common.
Explain to your clients the differences between joint-tenancy and tenancyincommon.
State which option you would recommend, giving reasons for your answer.
[10 marks]
Total 25 marks
6. (a)

With reference to at least FOUR cases, explain the requirements for an easement.
[18 marks]

(b) Outline any TWO methods of acquiring an easement, citing at least ONE case.
[ 7 marks]
Total 25 marks

END OF TEST

02231020/CAPE 2010

02131032/CAPE 2011

TEST CODE

FORM TP 2011217
CAR I B B EAN

02231020

MAY/JUNE 2011

E X AM I N AT I O N S

COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
UNIT 2 PRIVATE LAW
PAPER 02
2 hours 30 minutes

18 MAY 2011 (a.m.)

INSTRUCTIONS TO CANDIDATES
1.

This paper consists of SIX questions, TWO questions based

on EACH Module.

2.

Answer ONE question from EACH Module.

3.

Write your responses in the answer booklet provided.

Copyright 2009 Caribbean Examinations Council All

rights reserved.
02231020/CAPE 2011

-2-

MODULE 1: TORT
Answer ONE question.
1.

Randy, the schools messenger, is assigned a motorcycle to enable him to perform his duties.
2QDUDLQ\GD\5DQG\LVRQDMRXUQH\WRWKHERDUGFKDLUPDQVRIFHZKHQKHGL
YHUWVWRSD\KLV
GDXJKWHUVVFKRROIHHVDWWKHEDQN+HLVULGLQJLQWRWKHEDQNVFRPSRX
QGZKHQKHFROOLGHVZLWK
DQGLQMXUHV0DUWKDZKRLVUXVKLQJLQWRWKHEDQNWRJHWRXWRIWKHUDLQ
7KHVFKRROGHQLHVOLDELOLW\ for Marthas injury. Randy thinks this is unfair.
:
LWKUHIHUHQFHWRGHFLGHGFDVHVDGYLVH5DQG\DVWRKLVOLDELOLW\LQ7RU
WH[SODLQLQJWRKLPZKHWKHU or not the schools position is an acceptable one.
Total 25 marks

3. On the day before the countries elections, the local newspaper publishes a feature article with the
heading This Day in History: Youth Caught in Massive Financial Scam. That same afternoon, its
editor repeats the story on a radio interview and says who the cap fits left him wear it, stand by our
story.
The story refers to an incident 15 years ago in which Minister Mutt, representative for the area was
alleged to have been involved. Minister Mutt is very upset and wants to sue newspaper for
defamation

(a)
(b)

Explain the elements of the tort of defamation that Minister Mutt must satisfy in order to
succeed against the newspaper
[20 marks]
Outline one defense that could be raised by the newspaper.
[5 marks]

Total 25 marks

-3GO ON TO THE NEXT PAGE

02231020/CAPE 2011

MODULE 2: LAW OF CONTRACT

Answer ONE question.
3. (a)

With reference to at least ONE decided case, explain consideration.

[8 marks]

E
-DFNDVNV+XJRKLVEURWKHUWRNHHSDVSHFLDOH\HRQKLVKRPHZKLOHK
HLVDZD\RQD business trip. Jack tells Hugo,

,ZLOOVHWWOHZLWK\RXZKHQ,UHWXUQEXWGRQRWJRRYHUERDUG'RQ
RWVSHQGPRUH than $1500 monthly on the yard.
Upon Jacks return, he pays Hugo $1500 and promises him a further $500. When Hugo asks for
the $500, Jack refuses to pay him.
With reference to at
least21(GHFLGHGFDVHDGYLVH+XJRZKHWKHUKHLVHQWLWOHGWRWKH
money from Jack.
[17 marks]
Total 25 mark

4. (a)

With reference to at least21(GHFLGHGFDVHH[SODLQ($&+RIWKHIROORZLQJ

(i)

Fraudulent misrepresentation
misrepresentation

[4 marks]

(ii)

Negligent

[4 marks]

E
0DU\WHOOV1LFROHWKDWVKHLQWHQGVWRRSHQDQRWKHUEUDQFKRIKH
UEHDXW\VDORQDQGZDQWV
1LFROHWREHKHUSDUWQHU6KHWDNHV1LFROHWRDVKRSSLQJFHQWUHDQ
GSRLQWVWRDVKRSZKLFK she says she has rented already. Nicole sees some men
inside the shop doing renovations.
6KHZDQWVWRWDNHDORRNEXW0DU\WHOOVKHUQRWWRZRUU\DVWKH\FD
QFRPHEDFNDQRWKHU
GD\6KHDOVRWHOOV1LFROHWKDWVKHFDQVHHWKHUHQWDODJUHHPHQ
WZKHQHYHUVKHZDQWV
1LFROHJLYHV0DU\WRDVVLVWKHUZLWKWKHRSHQLQJ6L[PRQWKVKDYHJRQHE\DQG

-40DU\KDVQRWRSHQHGWKHQHZEUDQFK1LFROHWKHQGLVFRYHUVWKDW0D
U\KDGQHYHUUHQWHG the shop.
With reference to at
least21(GHFLGHGFDVHDGYLVH1LFROHZKHWKHUVKHFDQUHFRYHUKHU money.
marks]

Total 25 marks

[17

-5GO ON TO THE NEXT PAGE

02231020/CAPE 2011
MODULE 3: REAL PROPERTY
Answer ONE question.

5.
3DWULFNDQG$VKDERXJKWDKRXVHZLWKWKHKHOSRIDPRUWJDJHIURPWKH(DV
W:HVW0RUWJDJHDQG Finance Company. Asha is unemployed and Patrick loses his job and
has been unable to make the mortgage payments for six months.

2XWOLQHWKHUHPHGLHVDYDLODEOHWRWKHQDQFHFRPSDQ\WRHQIRUFHLWVVHFXUL
W\
Total 25 marks
6.
(a) With reference to at
least21(GHFLGHGFDVHGLVWLQJXLVKEHWZHHQWHQDQF\IRUOLIHDQG
WHQDQF\DWZLOO

[15 marks]

E
,Q$QJHOD6PLWKUHJLVWHUHGD'HHGZKLFKFRQYH\HGKHUSURSHUW\WRKH
UVHOIIRUOLIH
DQGDIWHUKHUGHDWKWRKHUGDXJKWHUVHDQHWWHDQG&ODXGHWWHDVMRLQWWHQDQWV,Q
-HDQHWWHZDVLQYROYHGLQDYHKLFXODUDFFLGHQWDQGGLHG$QJHOD6
PLWKVJUHDWJUDQGVRQ
-RKQERUQLQOLYHGZLWKKHUIURPWKHWLPHKHZDVDEDE\DQGZDVYHU\FO
RVHWRKHU Mrs Smith died in 2001 and Claudette immediately gave John a notice to
quit.
Advise John on his legal rights, if any.

[10 marks]
Total 25 marks

TEST CODE

FORM TP 2011267
CAR I B B EAN

02231032

MAY/JUNE 2011

E X AM I N AT I O N S

COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
UNIT 2 PRIVATE LAW
PAPER 03/2
1 hour 30 minutes
10 JUNE 2011 (a.m.)

INSTRUCTIONS TO CANDIDATES
1.

This paper consists of ONE compulsory question.

2.

Read the question carefully before you begin writing your response.

3.

You may refer to your prepared notes for the topic to be assessed.

4.

Write your responses in the answer booklet provided.

Copyright 2011 Caribbean Examinations Council All

rights reserved.

02231032/CAPE 2011
-2-

TOPIC: CONTRACTUAL TERMS

Answer this compulsory question.
1. (a) The more recently that a statement is made by the parties to a contract, prior to its consummation, is
the more likely that the courts will treat that statement as a contractual term.
Discuss this view, with reference to at least ONE decided case.

[15 marks]

(b) Marsha, a hairdresser, discovers a new product, Hair C20, on the Internet and introduces it to her
customers, all of whom give it rave reviews. She tells her friend Shanique, another
hairdresser, how good she and her customers have found Hair C20 to be and offers to sell
Shanique some of it from her next shipment.
You will have no regrets, she assures Shanique.
6KDQLTXHDJUHHVDQGRUGHUVVRPHER[HVRI+DLU&
EXWQGVWKDWVRPHRIKHUFXVWRPHUV do not like the smell, while others say
it makes their hair too straight. Shanique wants to return the remaining boxes of Hair
C20 to Marsha and recover her money.
Marsha consults you. Advise her whether or not Shanique can make a successful claim against her,
referring to at least TWO decided cases in support of your advice.
[15 marks]
Total 30 marks

02131032/CAPE 2012

TEST CODE

02231020

FORM TP 2012217 MAY/JUNE 2012

CAR I B B EAN

E X AM I N AT I O N S

COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
PRIVATE LAW
UNIT 2 Paper 02
2 hours 30 minutes

18 MAY 2012 (a.m.)

READ THE FOLLOWING INSTRUCTIONS CAREFULLY

1. This paper consists of SIX questions, TWO questions based on EACH
Module.
2. Answer THREE questions, ONE from EACH Module.
3. Write your responses in the answer booklet provided.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO.

Copyright 2010 Caribbean Examinations Council All
rights reserved.

02231020/CAPE 2012
-2MODULE 1: LAW OF TORT
Answer ONE question.
EITHER
1. (a)

Explain the difference between public nuisance, and private nuisance, giving ONE
example or case of each.
[10 marks]

(b) Antonio is driving his car at night in the vicinity of Mayas home. Maya is having some additions
done to her house, and the workmen have placed sand and gravel on the sidewalk. Blinded by the

lights of an oncoming vehicle, Antonio is forced to swerve, whereupon his car hits the mound of
sand and gravel, and overturns. His car is damaged and he suffers serious injuries.
Discuss Mayas liability to Antonio, citing at least ONE relevant case in support of your
arguments.

[15 marks]

Total 25 marks

OR
2. The leading case of British Railways Board v. Herrington . . . laid down that whereas an occupier
does not owe a duty of care to trespassers, he does owe a duty of common humanity or a duty to
act in accordance with common standards of civilisedbehaviour. (Kodilinye, 2003)
Assess this view, referring to decided cases and statutes, where applicable.
Total 25 marks

MODULE 2: LAW OF CONTRACT

Answer ONE question.
EITHER
3. Explain the extent to which contracts entered into by a minor may be enforceable, making
reference to decided cases.
Total 25 marks

GO ON TO THE NEXT PAGE

02231020/CAPE 2012
-3-

OR
4. (a) Explain EACH of the following methods by which contractual obligations may be upheld,
illustrating with a decided case or an example:
(i) Partial performance
(ii) Substantial performance

[10 marks]

(b) Taniesha, a fashion designer, signs a contract with Styles Unlimited, a modelling agency, to prepare
clothing for some of its models who are to participate in the annual Americas Fashion
Extravaganza. Taniesha immediately proceeds to order fabric and trimmings from her overseas
suppliers, engages new staff and rents additional space.
Styles Unlimited

HQFRXQWHUVQDQFLDOGLIFXOWLHVDQGLQIRUPV7DQLHVKDWKDWWKH\DUH
FDQFHOOLQJWKHFRQWUDFW
Advise Taniesha on the options available to her and on the likely success of a claim by
her against Styles Unlimited for breach of contract.
[15 marks]
Total
marks

25

MODULE 3: REAL PROPERTY

Answer ONE question.
EITHER
5.
0U5DPOHDVHVKLVKRXVHWR+RZDUGIRUWZR\HDUVWHOOLQJKLPWKDWKHZLOO
KDYHWKHUVWRSWLRQWR purchase whenever he decides to sell the house. Mr Ram allows
Howard to renovate the house and does not charge him any rent for six months to cover the cost of
the renovations. Howard installs a bathtub, new toilets, carpets in the bedrooms, an air conditioning
unit and a security gate. Mr Ram refuses to renew the lease. When Howard moves out of the
house, he removes all the items he had installed.
With reference to decided cases, advise Mr Ram on the likely success of a claim against Howard for
removing the security gate and the items from the house.
Total 25 marks
OR

6.

Once a mortgage always a mortgage, and nothing but a mortgage...

Assess the extent to which this statement is consistent with the mortgagors equity of redemption.
Total 25 marks
END OF TEST

02231020/CAPE 2012

TEST CODE

FORM TP 2012267
CAR I B B EAN

02231032

MAY/JUNE 2012

E X AM I N AT I O N S

COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
PRIVATE LAW
UNIT 2 Paper 032
1 hour 30 minutes
05 JUNE 2012 (p.m.)

READ THE FOLLOWING INSTRUCTIONS CAREFULLY

1.

This paper consists of ONE compulsory question.

2.

Read the question carefully before you begin writing your response.

3.

You may refer to your prepared notes for the topic to be assessed.

4.

Write your responses in the answer booklet provided.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO.

Copyright 2011 Caribbean Examinations Council All
rights reserved.

02231032/CAPE 2012
-2TOPIC: CONTRACTUAL TERMS
Answer this compulsory question.
1.

(a)

Distinguish between a bare licence and a licence coupled with an interest.

[10 marks]

(b) After three years of marriage, Martin and Patrice separate. During their time together as husband and
wife, Patrice paid the mortgage on the apartment which they lived in, while Martin paid all
other expenses. Martin bought the apartment shortly before they met. Martin agreed with
Patrice that she and their young daughter would remain in the property with
KHUFRQWLQXLQJWRSD\WKHPRUWJDJH:KHQKHZDVUHDG\WRVHOOLQYH\
HDUVVKHZRXOG
KDYHWKHUVWRSWLRQWRSXUFKDVH0DUWLQIDOOVXSRQKDUGWLPHVD
\HDUDIWHUWKHVHSDUDWLRQ and tells Patrice he is ready to sell. Patrice says she
is not ready to buy and contends that she has either a contractual licence or a licence with
reasonable expectation to acquire a right in the property.
With the help of decided cases, advise Patrice of her rights, if any.
[20 marks]
Total 30 marks

02131032/CAPE 2013
TEST CODE

FORM TP 2013218

02231020

MAY/JUNE 2013

C AR I B B E AN E X AM I N AT I O N S C O U N C I L
CARIBBEAN ADVANCED PROFICIENCY EXAMINATION LAW
PRIVATE LAW
UNIT 2 Paper 02
2 hours 30 minutes

22 MAY 2013 (a.m.)

READ THE FOLLOWING INSTRUCTIONS CAREFULLY.

1. This paper consists of SIX questions, TWO questions based on EACH

Module.
2. Answer ONE question from EACH Module.
3. Write your responses in the answer booklet provided.
DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO.
Copyright 2011 Caribbean Examinations Council
All rights reserved. 02231020/CAPE 2013

- 2 -

SECTION A
MODULE 1: TORT
Answer ONE question.
EITHER
1. Pete is employed as a driver by the Kallaloo Telephone Company. It is company policy that
only company employees may be transported in their vehicles. A notice, displayed on the
dashboard of the companys vehicles, reads as follows:
Kallaloo Telephone Company employees only in this vehicle. This company will accept no liability for
any other persons riding in this vehicle.
While driving the company truck into town, Pete picks up his neighbour, Andy, to give him a ride. On
the way, Pete who had taken medication that morning, falls asleep and the truck crashes into a
bridge at the side of the road. Andy is thrown out of the truck and is seriously injured. He had
not been wearing his seatbelt because he feels trapped by seat belts. Pete receives only minor
injuries.
Advise Pete and the Kallaloo Telephone Company of their liability, if any, towards Andy, using TWO
decided cases to illustrate your answer.
Total 25 marks
OR
2. During the budget debate a member of the opposition, in his speech, says that it has been brought
to his attention that Mr Kung Fu, Minister of Sanitation, has awarded a million dollar contract to
Shangrilal Ltd, his wifes company, to dredge the Manchineile River. The next day, the headline
of the Weekly Macious newspaper was Government Minister Seeking Own Interest. Mr Kung
Fu wishes to sue the newspaper for defamation.
(a) Using THREE decided cases or examples to illustrate your answer, advise Mr Kung Fu
on whether he can succeed in an action against the Weekly Macious newspaper.
[15 marks]
(b) Outline TWO defences that may be raised by the newspaper. Refer to TWO decided
cases in each defence.
[10 marks]
Total 25 marks

- 3 -

GO ON TO THE NEXT PAGE

02231020/CAPE 2013
SECTION B
MODULE 2: LAW OF CONTRACT
Answer ONE question.
EITHER
3. (a)
Explain, with reference to decided cases, THREE methods by which a contract is
discharged.
[10 marks]
(b) The doctrine of privity means that a contract cannot, as a general rule, confer rights or impose
obligations arising under it on any person except the parties to it. (G. H. Treitel, The
Law of Contract).
Analyse this statement using decided cases to illustrate your answer.

[15 marks]
Total 25 marks

OR
4. (a)
Explain TWO types of misrepresentation with reference to decided cases.
marks]

[10

(b) Bolden Ltd, the purchasers of a mine, were given exaggerated statements by Jamen Ltd, the seller, as
to its earning capacity. Bolden Ltd had these statements checked by their own expert
agents who, in error, reported them as correct. Six months after the sale was completed,
Bolden Ltd found that the statements by Jamen Ltd had been inaccurate and sought to
rescind the contract on the ground of misrepresentation.
(i) Advise Bolden Ltd on whether they can rescind the contract.

[10 marks]

(ii) Outline the difference it would make if Bolden Ltd had not sought independent
advice.
[5 marks]
Total 25 marks

- 4 -

GO ON TO THE NEXT PAGE

02231020/CAPE 2013
SECTION C
MODULE 3: REAL PROPERTY
Answer ONE question.
EITHER
5. (a)

With reference to decided cases, outline THREE requirements for an easement.

[10 marks]

(b) Mr. Crabbe and Mr. Shrimpe have been neighbours in Fishing Pond village for over 25 years. Mr
Crabbe and his family have always used a dirt track over MrShrimpes land as a short cut
to gain access to the nearby beach. MrShrimpe sells the land and the new owners
immediately construct a fence over the track, cutting off access to the beach. Mr Crabbe
is seeking legal advice on the matter.
Advise Mr. Crabbe on his legal rights, if any.

[15 marks]
Total 25 marks

OR
6. Mr Chin rents Mr Stooges building in Showtown Terrace to set up a restaurant and bar. In the lease
Mr Chin covenants to pay the rent, to keep the building in good repair and to allow the
Showtown Youth Club to use the swimming pool. The lease also reserved to the landlord a right
of re-entry on breach of covenant. Two months after taking up occupation of the premises, Mr
Chin fences off the swimming pool and stops the youth club from using it. In August, there are
severe
RRGVLQWKHDUHDDQG0U&KLQVUHVWDXUDQWZDVRRGHGRXWKHORVHVD
OORIKLVVWRFNVDQGVXSSOLHV
DQGKDVWRFORVHWKHUHVWDXUDQWIRUVL[PRQWKV+HLVXQDEOHWRUHSDLU
WKHGDPDJHFDXVHGE\WKHRRGV and is unable to pay his rent. Mr Stooge comes to you
for legal advice.
(a) Advise Mr Stooge on:
(i) THREE implied covenants of the landlord under the lease. Use THREE
decided cases to illustrate your answer.

[12 marks]

(ii) The steps Mr Stooge can take to terminate Mr Chins lease. [8 marks]
(b) Outline the relief that Mr Chin is likely to obtain. Use a decided case to illustrate your answer.
[5 marks]
Total 25 marks

- 5 -

END OF TEST
IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS TEST.
02231020/CAPE 2013

- 6 -